LEARNING OUTCOME FOUR: Be Able To Apply Principles Of Liability In Negligence In Business Situations11/29/2016 LESSON OBJECTIVE
Assessment Criteria AC 4.1 Apply the elements of the tort of negligence and defences in different business situations Below are questions pertaining to lesson 10. Please ensure to answer each question correctly. 1. Identify and explain the defences for the tort of negligence. 2. What are the elements which must be proven to establish Contributory negligence? 3. Highlight by way of examples the ‘but for’ test. 4. Based on Diplock LJ dicta in Wooldridge v Summer [1963] 2 QB 43, what is the court’s approach to the doctrine of Volenti Non Fit Injuria
15 Comments
Tashana Wilson
11/30/2016 04:10:22 pm
Assessment Criteria AC 4.1
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Anita Baker
11/30/2016 09:53:28 pm
1. There are many defenses for the tort of negligence, these includes:
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Shantel Mason
12/1/2016 05:06:41 pm
1.The defenses for tort negligence are contributory negligence,obvious risks and voluntary assumption of risk and dangerous recreational activities. In contributory negligence the defense is based off what a reasonable man would do in said situation. In obvious risks and voluntary assumption of risk a plaintiff must prove that the defendant had not evaluated that based on the work area or situation that there was an obvious risk to the health and safety of the plaintiff and this is also based off the precedence of what a 'reasonable man' would do. In dangerous recreational activities the act says "people engaged in ‘dangerous recreation activities’, being a recreational activity that involves a significant degree of risk of physical harm to a person, undertake the activity at their own risk" this means if a person engages in an activity that poses harm to themselves i.e bungee jumping they know a risk is that that they may become a paraplegic and as such a defendant wont be held liable for such an act (Hobartlegal.org.au, 2013).
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Thya Rodney
12/2/2016 07:37:12 am
1. The defences of tort of negligence are contributory negligence and comparative negligence.
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O'Neil James
12/4/2016 05:14:37 pm
Assessment Criteria AC 4.1
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SHASHIE MILLS
12/4/2016 05:30:03 pm
1. "the Civil Liability Act and the Wrongs Act 1954 (Tas) to determine contributory negligence is simply whether a person who suffered harm has engaged in contributory negligence. This is determined on the basis of the standard of the reasonable person, and whether the person has acted as a reasonable person would have is decided on the basis of what the person knew or ought to have known at the time." (Hobartlegal.org.au, 2013)
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Asha-lois Clarke
12/4/2016 06:09:12 pm
1. Proof of contributory negligence can suffice as a defence in a negligence claim. This means, the party can prove that the plaintiff contributed to the negligent act.
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Teneisha Kennedy
12/4/2016 06:28:14 pm
1 a) Volent Non Fit injuria- When a plaintiff assumes the risk involved in an obviously dangerous activity but proceeds to engage in the activity anyway, he or she may not be able recover damages for injuries. In order for this doctrine to apply, the plaintiff must have actual, subjective knowledge of the risk involved in the activity. The plaintiff must also voluntarily accept the risk involved in the activity.
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christopher cameron
12/4/2016 11:25:16 pm
1) Identify and explain the defences for the tort of negligence.
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Latoya Gutzmore
12/5/2016 08:34:28 am
1. Identify and explain the defenses for the tort of negligence.
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Keidean Reid
12/5/2016 11:39:49 pm
1. a) Contributory Negligence:This where the plaintiff has contributed to their damages and their percentage is also reduced because of this.
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Sashae Dillworth
12/9/2016 09:13:16 pm
1.There are 3 defense for the tort of negligence:
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Ahesha Pinnock
12/13/2016 06:07:26 pm
1. A standout amongst the most generally utilized protections to carelessness cases is to demonstrate contributory carelessness with respect to the offended party. Contributory carelessness happens when an offended party's lead falls underneath a specific standard essential for the offended party's insurance, and this direct participates with the respondent's carelessness in making hurt the offended party. In plain English, this implies the offended party in all likelihood would have maintained a strategic distance from wounds had he or she not likewise been careless.
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Ahesha Pinnock
12/14/2016 01:44:39 pm
1. To effectively protect against a carelessness suit, the respondent will attempt to nullify one of the components of the offended party's reason for activity. At the end of the day, the litigant presents confirm that he or she didn't owe an obligation to the offended party; practiced sensible care; did not bring about the offended party's harms; et cetera. Furthermore, a respondent may depend on one of a couple of precepts that may dispose of or point of confinement risk in light of claimed carelessness.
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Shanyel Garricks
12/20/2016 07:55:59 am
1. Identify and explain the deference for the tort of negligence.
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